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__, __ _� . ._ i . ._ �.,,. .. <br /> pert'ormance of such services occasioned by unusually lengthy governmental reviews of <br /> Consultant's work product or other unavoidable delays occasioned by circumstances; <br /> provided, further, that such unavoidable delay will not include strikes, lockouts, work <br /> stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's <br /> officers or employees. <br /> Consultant acknowledges the importance to City of City's project schedule and agrees <br /> to use its best professional efforts to meet the schedule. City understands that <br /> Consultant's performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Comqensation. City shall pay to Consultant an amount not to exceed Twenty <br /> Five Thousand Dollars ($25,000) for the completion of all the work and services <br /> described herein, which sum shall include all costs or expenses incurred by Consultant, <br /> payable as set forth in Exhibit B, attached hereto and made a pa�t hereof by reference. <br /> 6.1 An application for payment form must be submitted to City which shall <br /> include the following: a clear, detailed invoice reflecting work being billed for, a <br /> summary sheet showing hourly rates, hours worked, percentage of work completed to <br /> date, amount/percent billed to date and current status of all tasks within a project; <br /> any/all backup documentation supporting the above items. Work schedule updates must <br /> also be included with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit inspection <br /> and audit by City of Consultant's charges under this Contract. Consultant shall make <br /> such records available to City during normal business hours upon reasonable notice. <br /> Nothing herein shall convert such records into public records, and they will be available <br /> only to City and any specified public agencies. Such records shall be maintained by <br /> Consultant for one (1) year following completion of the work under this Contract unless <br /> a longer period of time is required by state or federal law, in which event Consultant <br /> shall retain its records for the time required by such laws. <br /> 6.3. The payment made to Consultant pursuant to the Agreement will be the <br /> full and complete compensation to which Consultant is entitled. City will not make any <br /> federal or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election, City may deduct the reimbursable amount from any balance owing to <br /> Consultant. - <br /> REV:7-21-14 VR <br /> Page2of9 <br /> ATTY/AGR2014.127/WILLIAM VERSACI <br />